Johnson Continues to be Submissive on EPA Budget, but Congress Investigates

As Reg•Watch has blogged before (here and here), President Bush is attempting to further undermine EPA's ability to promulgate regulations to protect the environment by slashing the agency's budget. Administrator Stephen Johnson has inexplicably defended the cuts, towing the administration line instead of sticking up for his own agency. In a Senate hearing yesterday, Sen. Barbara Boxer (D-CA) expressed this same concern: "To have the EPA administrator talk about how he's not really fought the cuts is very disturbing to me." (Reported in E&E Daily) Today, the House committee on Energy and Commerce is grilling Johnson on the cuts. You can watch the hearing here. Kudos to Congress for putting up a fight where EPA hasn't.

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Latest Watcher

Be sure to check out the latest issue of our biweekly newsletter, The Watcher. Regulatory policy articles this time: Bush Continues Anti-Regulatory Efforts with Industry Nominee to CPSC Scientific Consultant Sparks Controversy over Conflicts of Interest In Congress, No Shortage of Fuel Economy Proposals

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One Step Closer to Less Smog

Yesterday, the EPA's Clean Air Scientific Advisory Committee (CASAC) unanimously voted on recommendations to EPA concerning ground-level ozone (or smog), according to BNA news service (subscription). CASAC voted to lower the allowable standard to between 0.060 ppm and 0.070 ppm from its current level of 0.08 ppm. CASAC purposefully used an extra digit so regulators could not manipulate the standard by rounding. And you thought you would never use significant figures after high school. CASAC's recommendation is similar to that of an EPA staff paper released in January. The EPA should now adopt the recommendation when it revises the standard which the Clean Air Act requires EPA to do every five years. Though based on sound science and developed by bright minds, the CASAC recommendation took some guts too. Industry has been vocal in opposing a tighter standard on smog. Also, EPA has been meddling with CASAC's ability to act independently, as a recent Senate oversight hearing uncovered. EPA has until Mar. 2008 to make its final decision, but with this administration it's never too early to start urging administrators to prioritize science and the public interest ahead of politics and special interests.

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Bush Nominates Manufacturing Ally to CPSC

Thursday, President Bush nominated Michael Baroody to be a commissioner on the Consumer Product Safety Commission (CPSC). Baroody is the current executive vice president of the National Association of Manufacturers, a trade group whose mission includes "shaping a legislative and regulatory environment" on behalf of manufacturers. Baroody's ability to shape America's regulatory environment will take on new meaning if he becomes a CPSC commissioner. The CPSC is the independent agency charged with protecting the public from dangerous products. The commissioners (of which there are only three) must be able to work with manufacturers to assess product safety, but also exert authority when industry cooperation does not go far enough in protecting the public. If you think a commissioner with such obvious strong ties to the industry he must regulate is a bad idea, you are not alone. Public interest groups are already sounding the alarms, and Sen. Barbara Boxer (D-CA) says she will give the nomination "thorough scrutiny," according to the LA Times. As Reg•Watch has blogged in the past, the CPSC has been short a commissioner since July, and its voting quorum recently expired. I find it depressing to have to contemplate which is worse: a commissioner like Michael Baroody, or no commissioner at all.

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Johnson Defends EPA Budget Cuts, Improves BTO Grammar

Yesterday, U.S. Environmental Protection Agency (EPA) administrator Stephen Johnson testified before a House Appropriations subcommittee on the agency's proposed FY 2008 budget. Johnson was prodded on an EPA water quality program (budget to be cut), a local enforcement initiative (budget to be cut), and the agency at large (budget to be cut), according to BNA. Naturally, budget cuts make it more difficult for agencies to create and enforce the rules that keep our nation clean, safe, and democratic. However Johnson is optimistic: "This budget will fulfill EPA's responsibilities as guardian of our nation's environment and the taxpayers' money." Commenting on EPA air quality programs, Johnson channeled famed rock group Bachman Turner Overdrive saying, "If you think our air is clean now, you haven't seen anything yet." In another ill-advised comment, Johnson responded to Rep. James Moran (D-VA) who questioned the administrator on endocrine disruptor (ED) research (budget to be cut). EDs are potent chemicals which can alter hormonal behavior. In 1996, Congress asked EPA to identify and test EDs, but no tests have been performed thus far. Defending the agency, Johnson said, "We have been doing the research, but there's this pesky thing called science."

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Latest Developments on Bush Changes to the Regulatory Process

OMB Watch has created a new web center to be the one-stop source for news and developments on President Bush's recent amendments to Executive Order 12866. The web center will be frequently updated with fresh insights, news from Capitol Hill, and links to media coverage.

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Public Citizen Urges Congress to Make Cars Safer for Kids

Yesterday, Joan Claybrook, president of the public interest group Public Citizen, testified before a Senate subcommittee on vehicle safety for children. Claybrook urged Congress and the National Highway Traffic Safety Administration (NHTSA) to improve vehicle safety in an effort to reduce the number of children killed in vehicle related accidents — currently about five per day. Claybrook also chided the Bush administration for renominating Susan Dudley to be the White House's regulatory czar. As OMB Watch has pointed out numerous times (here, here, and here), Dudley's views are not consistent with those of the public and her installation would likely cause unprecedented rollbacks in health and safety regulations. Read more about Claybrook's testimony here.

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Congress and White House Stuck in the Mud on Fuel Economy

Rep. John Dingell has written an interesting piece in today's issue of The Hill. Dingell discusses the virtue of CAFE standards (the minimum miles per gallon requirements automakers must meet) and the need to combat global climate change. However, the article reflects the Michigan Democrat's tension between progressive environmental policy and appeasing his automaker constituents. Dingell touts the success of the CAFE program (which he helped create) but offers more questions than solutions in regulating carbon emissions: Are CAFE standards in their current form still the most effective way to achieve their stated objective? Further still, has the objective changed? Can a regulatory structure created in the 1970s evolve in such a way as to combat a 21st century challenge with 21st century technologies? He then goes on to warn Congress against rushing into any climate change legislation, and points out that his Energy and Commerce Committee will hold nine hearings in the month of March on energy independence and climate change. The article comes the same day as an Energy and Air Quality subcommittee hearing on President Bush's CAFE reform proposal. According to Reuters, lawmakers from both sides of the aisle expressed concern over the cap-and-trade approach which would avoid actually raising fuel efficiency standards. Congressional wonkery aside, the reality is improved CAFE standards would mitigate carbon emissions and save drivers money. With measures of American fuel economy in decline, it is past time Congress get its act together and improve federal fuel economy standards.

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Bush Executive Order Will Make It Harder to Protect the Public

OMB Watch's Drs. Gary Bass and Rick Melberth have an op-ed posted on CommonDreams.org. The piece derides President Bush's recent changes to E.O. 12866: His actions ... set in motion changes that could further delay or hinder public health, safety, environmental, and civil rights protections. Read the whole thing here

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Cuts at FDA Jeopardize Stomachs, Security

Amid high profile food safety crises such as the spinach contamination of 2006 and recent salmonella tainted peanut butter, the FDA has been reducing its commitment to food safety, according to an Associated Press article.
  • There are 12 percent fewer FDA employees in field offices who concentrate on food issues.
  • Safety tests for U.S.-produced food have dropped nearly 75 percent, from 9,748 in 2003 to 2,455 last year, according to the agency's own statistics.
The article also reminds us food safety is a legitimate homeland security concern: After the Sept. 11 attacks, the FDA, at the urging of Congress, increased the number of food inspectors and inspections amid fears that the nation's food system was vulnerable to terrorists. Inspectors and inspections spiked in 2003, but now both have fallen enough to erase the gains. One wonders if the pullout of FDA employees has emboldened the enemy.

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